Pubs face postcode lottery over licensing

Frustrated licensees face a "postcode lottery" over when they have to pay their annual premises licence fees.

Trade leaders and local authorities are calling for urgent clarification from Government to prevent a situation that could see some licensees paying the fee months before hosts in neighbouring councils.

A backlog in issuing new licences means that in some cases hosts could be forced to pay before the licence has even arrived.

The guidance notes for the Licensing Act says fees should be paid on the anniversary of the premises licence being accepted.

The recommendation for a single day has been made to Government and it's down to them to implement that. ​Mark Hastings, BBPA.

Hosts who applied early are already being sent bills.

However, the Department for Culture, Media & Sport (DCMS) has said it favours a single date for paying fees, and a number of councils are specifying a date when bills will be issued for the annual payments.

A spokeswoman for local government co-ordinator LACORS, which has written to the DCMS for clarification, said more than half of the councils that contacted them favoured a single renewal date.

Complete Disagreement​Philip Kolvin, chairman of the Institute of Licensing (representing licensing professionals), said:"There's complete disagreement on this among local authorities. The law is unclear. ​

"The Government could easily publish regulations saying the payment is due on the anniversary of the licence being accepted or on the Second Appointed Day (24 November, when the Licensing Act went live).

Birmingham City Council is one authority that has set a single date - 1 October - for sending bills.

The council's head of licensing Peter Barrow said that out of 2,500-odd licensed premises in the city there are around 200 premises licences that had not yet been issued.

"We felt there's no way we would send them a bill for their annual charge for something they've not been sent a copy of," ​said Barrow.

Single Date​British Beer & Pub Association (BBPA) director of communications Mark Hastings urged Government to act on its intention to secure a single date.

The BBPA - and the Independent Fees Review Panel, which is investigating the level of fees - favour a single payment date in October.

"The recommendation for a single day has been made to Government and it's down to them to implement that,"​ said Hastings.

"That's what local authorities and the industry want to see because it brings clarity to the situation." ​

A DCMS spokeswoman said they were "working towards" having a single date and would consult on the issue with the trade, councils and others as part of the review of the Licensing Act regulations. "We will go to public consultation but we don't know how long it will take,"​ she said, adding:

"We strongly recommend people pay fees on the date the licence was approved."​

Licensee Ken Fraser-Rowe, whose premises licence application was accepted on 26 June last year, has already received a bill for £180.

Fraser-Rowe, of the George & Dragon in Lincoln High Street, questioned why he should pay for a licence for the five months before it came into effect on 24 November.

"I'm not happy about it. The fee is not due until November as far as I'm concerned,"​ he said.

To comment on this or any other story email us by clicking this link​

Your Comments​John Ellis​ via email 06/07/2006"Here we go again! A property-owners organisation (the B.B.P.A.) speaking on behalf of publicans again. We already paid for a Magistrates Licence which was superceded part way through its life and then paid for a Local Authority Licence, which will need renewing part way through its life if the B.B.P.A. gets its way. The licence remewal should be payable on its anniversary date of coming into effect and not a day before!

Robert Feal-Martinez​ via email 06/07/2006"Whilst I understand John Ellis's sentiments, in the long term this will increase costs, as LA's will continually say that they have to maintain a complex billing system etc. What in my opinion should happen is that all annual fees (they are not renewals) should become payable on 24/11 this year irrespective of when they were approved. The date for the new law was 24/11 any other date would be morally wrong. But heh this Government knows nothing about morality, neither frankly it seems do the BBPA, and other trade organisations.